As used in this part, the following terms shall have the following
meanings, unless the context clearly indicates that a different meaning
is intended:
BULLYING
A form of harassment and is defined as an intentional course
of conduct which is reasonably likely to intimidate, emotionally abuse,
defame or threaten another person and which serves no legitimate purpose.
COURSE OF CONDUCT
A pattern of conduct comprised of a series of acts over a
period of time, however short, evidencing a continuity of purpose.
HARASSMENT
Any conduct, whether verbal, physical, written or by means
of any mode of communication, which:
1.
Is prohibited by Section 2709 of the Pennsylvania Crimes Code
(18 Pa.C.S.A. § 2709); or
2.
Is any intentional course of conduct which is likely to create
an intimidating or offensive environment, and which serves no legitimate
purpose.
It shall be unlawful for any person to engage in any bullying
or harassment of a person or to induce another person to engage in
such bullying or harassment.
No person shall retaliate against any person who reports any
conduct which is prohibited by this part.
This part shall not be construed to apply to any constitutionally
protected activity or speech.
It shall be unlawful for any custodial parent, guardian or custodian of any unemancipated person under the age of 18 years to allow or permit such person to violate the provisions of §
6-802 or
6-803 above. The fact that, prior to the present offense, a parent, guardian or custodian was informed in writing by a law enforcement officer of a separate violation of §
6-802 or
6-803 by the same minor occurring within 90 days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation.
Any person who violates any provision of this part is guilty
of a summary offense and shall, upon conviction thereof, be sentenced
to pay a fine of not more than $250 and costs of prosecution or, in
default of payment of such fine and costs, to perform community service
for not more than 40 hours. Notwithstanding the foregoing, it shall
be within the discretion of the investigating law enforcement officer
to issue a warning letter to any person who violates any provision
of this part in the first instance.